Legal Opinion

Knapp v. Town of Marlboro

Supreme Court of Vermont

Decided June 15, 1857PublishedCited by 6 opinions

Covenant. The defendants, by their selectmen, on the 6th of April, 1795, demised, by a lease duly executed and recorded, to Jonathan Rising, “ two hundred acres on the north side of the right numbered fifty-seven, bounded north on the north line of said right, east on the east line of said right, and west on the west line of said right, and to extend so far south as to contain two hundred acres, with a line parallel with the north line.

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Covenant. The defendants, by their selectmen, on the 6th of April, 1795, demised, by a lease duly executed and recorded, to Jonathan Rising, “ two hundred acres on the north side of the right numbered fifty-seven, bounded north on the north line of said right, east on the east line of said right, and west on the west line of said right, and to extend so far south as to contain two hundred acres, with a line parallel with the north line. To have and to hold, use, occupy, possess and enjoy in all the branches of husbandry and building thereon as he the said Jonathan Rising shall choose or may…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

The declaration in this case is in covenant broken, in which it is averred that on the 6th of April, 1795, the town of Marlboro executed a perpetual lease to Jonathan Rising of lot number fifty-seven in that town, and therein covenanted, on the payment of a stipulated rent, for the quiet enjoyment of the premises without interruption or molestation. A part of the premises, it is averred, has been transferred to the plaintiff by regular assignments, and from which he complains he has been evicted by an elder and better title.

There is no express…

2Cases cited2 opinions

  1. Ellis v. WelchMassachusetts Supreme Judicial Court · 1810
  2. Fletcher v. PhelpsSupreme Court of Vermont · 1856

3Cited by6 opinions

  1. Northern Terminals, Inc. v. Smith Grocery & Variety, Inc.Supreme Court of Vermont · 1980
  2. Underwood v. BirchardSupreme Court of Vermont · 1875
  3. Wells v. Jackson Iron Manufacturing Co.Supreme Court of New Hampshire · 1866
  4. Knapp v. Town of MarlboroSupreme Court of Vermont · 1861
  5. Knapp v. Town of MarlboroSupreme Court of Vermont · 1859

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